The civiiiability for damage's caused to the goods from loading to discharge by sea carriage

Authors

  • Saeid Kheradmandy Department of Law, Kermanshah branch Islamic Azad University, Kermanshah, IRAN
  • Hamid Reza Rostami PHD student in the private Law , Islamic Azad University, U.A.E Branch

Keywords:

civil liability, ship owner, Ship tenant, incumbent carrier, forwarder

Abstract

Maritime transport, maritime law is an important issue, and a turning point in the study of the subjects of this type of transport, civil liability to compensate damages to the goods during transit is. Dispute about responsibility for maritime transport operators, technical developments in the various aspects that, in recent decades, formed in marine transport, and has led a variety of contracts, in addition to the transport operators, who spoke of the responsibility as a secondary transport operators, ship owner, tenant, ship, forwarder and drainage contractors, and the arise, so that the works of jurisprudence is visible, the various stages of transportation, and the responsibility of identifying persons involved in each of these steps, based on domestic and international jurisprudence, the objectives of this article.

References

Aalayifard, Mohammad Ali (2008). Maritime law (international maritime transport). Printing. Tehran: Publication of Nakhl Danesh.

AUSA, carrier's act, February 13, 1893. (Harter act)

Bazgir, Yadolah (1999). Trading rights, the Supreme Court decisions, first edition, Tehran: publication Ganj Danesh.

Damarchili, Mohammad (2004), civil liability for marine transport operators, (A Comparative Study of Law, England and Hamburg Convention), PhD thesis, Private Law, Faculty of Law and Political Sciences, Tehran University

Eshmitov, Klaivam (1999). International trade law, ethics translates doctor Behrooz Akhlaghi and others, Volume I and II. Printing. Tehran: publisher Samt.

Eli m.Noam, Liability for harm to content, common carriers

Farmanfarmaian, Abolbashar (1970), maritime law, no place, no name.

Iranian Committee of the International Chamber of Commerce (2005). The forwarder, international transportation, printing. Tehran: Iranian Committee of the International Chamber of Commerce.

International Convention for the unification of Certain rules of Low relating To bill of lading Brussels, Aguest, 25,1924. (Hegue Rules)

Ivami, Hardy (2005). Rights maritime transport of goods, translating Moosa Poornoori, Tehran: Publication Mahd Hoghoogh..

John. F. Wilson, carriage of good by sea, seventh edition, Longman publication, 2010.

John. O.Hon nold, Ocean carrier in cargo, Journal of Contract Law, vol.24.no1. 1993

Katoozian, Naser (2001). General rules for contracts., Volume IV. Fifth edition, Tehran: Publishing Corporation.

Katoozian, Naser (2005), civil rights committals out of contract, Volume 1, Fifth Edition Tehran: Publications Inc. Publishing Corporation.

Karkon, Mohammad Reza (1992), responsible for maritime transport operators, according to the Brussels Convention, Hamburg and the Law of the Sea, MA thesis Private Law, Faculty of Law, Shahid Beheshti University.

Mashhadi, Hadi (1997) Sea transport operator exemption in the Convention of Brussels and Hamburg, MSc thesis of Private Law, Faculty of Law, Shahid Beheshti University.

Mohammad Zadeh Vadqani, Alireza (2001), responsible for maritime transport operators, Journal of the Faculty of Law and Political Sciences, Tehran University, No. Fifty-fifth.

Mohammad Zadeh Vadqani, Alireza (2002) Rights, Responsibilities and forwarding agent combined, the Geneva Conventions, adopted in 1980, Journal of the Faculty of Law and Political Sciences, Tehran University, No. fifty.

Mohammad Zadeh Vadqani, Alireza(1372) some kind of transportation, and the failure of internal law, Journal of Faculty of Law and Political Sciences, Tehran University, No. III.

Mohammadi, Abbas (2009) The nature of chartering contract, Journal of Faculty of Law and Political Sciences, Tehran University, the Thirty-Nine, No. IV.

Omid, Hooshang (1974). Maritime law, Volumes I and II, first edition, Tehran: College of Insurance.

Paul Todd, Cases and Materials on international trade Law, Sweet & Maxwell, London, first Edition, 2003.

Poornoori, Moonsoor (1992). Maritime law, the Court of Admiralty, first edition, Tehran: publication Mahd Hoghoogh.

Protocol to Amend the International Convention for the unification of certain rules of Law relating to bill of Lading February, 23, 1968. (Visby Rules)

Rabie, Frank (2001). Air transport and maritime law. Printing. Tehran: Arian publication.

Rene de kerchove, international maritime dictionary, d-van Nostrand company publication, New york, 1948.

Restrictions Islamic Republic of Iran (2001). Categories related to maritime transport regulations.

Restrictions Islamic Republic of Iran (2001). A review of marine casualties and incidents (how exposure to marine issues, and how documentation of damage, to provide international insurance companies), the first volume printing. Tehran: Publication of the sea. 21

Samadi Ahari, Mohammad Hashem (1991). Attendant civil liability for marine transportation, printing, Tehran: official journal.

Taghizadeh, Ebrahim (2005). Rights, maritime shipping, first edition, Tehran: Majd publication.

Tavazonizadeh., Abbas (1992) chartering contract, MSc thesis of Private Law, Faculty of Law and Political Science at Tehran University.

United National Convention on the Carriage of Goods by sea, 1978. (Hamburg Rules)

Vahedzadeh, Moosa (1996), civil liability for marine transport operators, relying on jurisprudence, MSc thesis, Faculty of Law, Azad University of Central Tehran Branch.

Published

2014-08-29

How to Cite

Kheradmandy, S. ., & Reza Rostami, H. . (2014). The civiiiability for damage’s caused to the goods from loading to discharge by sea carriage. Scientific Journal of Review, 3(8), 808-827. Retrieved from http://sjournals.com/index.php/sjr/article/view/486